Definition : Director - Conditions of eligibility

Qualification required to be eligible for the position of director of the syndicate of co-owners. A bankrupt and a person prohibited by the court from holding such office may not act as a director. The same applies, in principle, to minors and persons of full age under tutorship or curatorship. The by-laws of the immovable generally define the conditions for eligibility for the position of director. It may thus be provided in a declaration of co-ownership that this office is reserved for co-owners, while another may allow third parties to assume this responsibility.

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The director of the syndicate plays a strategic role within the immovable. Usually appointed by the Meeting of the co-owners, he is a member of the Board of Directors of the syndicate. Its duties are to make decisions on the directions and priorities of the Syndicate. Such Decisions are without limitation for the purpose of the preservation of the immovable and also the management and maintenance of common portions. Moreover, he is responsible for protecting the rights of the immovable or the syndicate. In that regard, he must ensure the respect of the declaration of co-ownership by the co-owners, the lessees and the occupants of the building. The Civil Code of Quebec and the constituting act can also impose duties, obligations and responsibilities to the director.
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The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to establish themselves, in their declaration of co-ownership, the rules that best suit them. However, the appointment of directors generally falls within the competence of the general meeting of co‑owners, although the declaration of co-ownership may provide for other provisions.
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